My aunt filed a petition for my mother a while back (a long while back), it was approved and her priority date is finally coming up soon. My mother has been living in the US illegally, but we found out that since a visa petition was filed on her behalf before January 14, 1998 she qualifies to adjust her status under 245(i). I on the other hand,"age-out" by turning 21 a few years back, but as I understand it, I'm considered to be derivative beneficiarie of the petition filed by my aunt on my mother's behalf, and this entitles me to the benefits of 245(i).

My question is, when my mother files her adjustment of status application, do I also file an adjustment of status application along with her, Or do I have to wait for her to become a permanent resident so she can file on my behalf?

My aunt filed a petition for my mother a while back (a long while back), it was approved and her priority date is finally coming up soon. My mother has been living in the US illegally, but we found out that since a visa petition was filed on her behalf before January 14, 1998 she qualifies to adjust her status under 245(i). I on the other hand,"age-out" by turning 21 a few years back, but as I understand it, I'm considered to be derivative beneficiarie of the petition filed by my aunt on my mother's behalf, and this entitles me to the benefits of 245(i).

My question is, when my mother files her adjustment of status application, do I also file an adjustment of status application along with her, Or do I have to wait for her to become a permanent resident so she can file on my behalf?

While you do qualify for the benefits of 245(i) you are no longer under 21 and cannot file for adjustment of status. You also do not qualify for CSPA (Child Status Protection Act) because it seems like you aged out quite a while ago. All you can do is wait for your mother to get her green card. Then she can file a petition for you and you wait for the priority date to be current (F2B) or you wait for your mom to become a citizen whichever happens first. The good news is that while you can't use that petition to get a green card you CAN use it to for 245(i) purposes and that will excuse your illegal time in the U.S.

Well my mother entered the US back in 1993. I'm not sure about the visa class. The petition was filed on her behalf that same year. She entered the US legally as a visitor, but never left.

I have another question, on some of the forms that my mother has to fill they ask you to state your current status, since she's here illegally, should she just put "out of status" or "illegal" on the forms?

She should put out of status if she came into the country legally at one time. If she came into the country illegally (i.e., jumping the border, using fake papers, etc.) she should put EWI (entered without inspection)

There's an update with my mother's situation, and I'd really appreciate some advice about how she should handle it. My mother received a letter from the visa center, asking her to mail them a fee for form DS-230 (Application for Immigrant Visa and Alien Registration). Since she's already in the U.S. like I mentioned, should she just disregard this and wait for her priority date to come around, and then file for adjustment status under 245(i)?

I also wanted to ask you guys if this letter from the visa center asking for that fee for form DS-230, means that she can file for adjustment of status right now, even tho her priority date hasn't come around yet? By the way, does a person have to wait for their priority date to arrive before they can file an application, or can they file the application a weeks before the priority date arrives? I'd really appreciate any help or advice you all can give you, thank you in advance, and take care.